EXPLAINER: Will new CDC moratorium keep tenants housed? | National News


WILL THIS ORDER SURVIVE LEGAL CHALLENGES?

After pushing the CDC to reconsider its options, President Joe Biden acknowledged Tuesday that he wasn’t sure the new moratorium could withstand lawsuits about its constitutionality. Landlords had successfully challenge the original order in court.

When the U.S. Supreme Court allowed the eviction ban to remain in place through the end of July by a 5-4 vote, one justice in the majority, Brett Kavanaugh, wrote that Congress would have to act to extend it further.

Landlords groups reacted to the new order as they did the old one, criticizing it as an unfunded government mandate. They have yet to detail their legal strategy, though most housing advocates are counting on more lawsuits. Even if the order is overturned in court, advocates are hopeful it gives states enough time to get rental assistance out.

WHAT MORE COULD BE DONE FOR TENANTS?

Housing advocates have called the extension the best option given the current situation. Most would have liked Congress to take up the issue and pass a comprehensive eviction moratorium. But that is unlikely in the current political climate.

The other option is for states and cities to pass their own moratoriums, as many did during the pandemic. California, New York and New Jersey are among a handful of states that still have moratoriums in place.



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